Principles for applying the consultant contract to clinical academics
1 October 2003
Status of this document
This document sets out principles for applying the proposed NHS consultant contract (England) to clinical academic staff in England. The parties to the agreement are the Department of Health, the Department for Education and Skills, the British Dental Association, the British Medical Association, the Universities and Colleges Employers Association and the NHS Confederation.
Core principles
- All parties are aware of the need to develop contractual arrangements that are acceptable to the stakeholders.
- Supporting documentation will consist of:
A model insert for use by University employers to give effect to the new pay arrangements (B)
Accompanying guidance (C)
- There is commitment to the principle of parity in arrangements, including pay, between clinical academics and substantive NHS consultants.
- Any new arrangements for clinical academics will be based on the terms and conditions produced for substantive NHS consultants.
- Follett principles will be incorporated into arrangements for consultant clinical academics.
- If a national agreement is accepted for substantive NHS consultants in England, the aim will be to reach an agreement for clinical academics in England, incorporated into the terms and conditions of the national agreement (as a stand alone annex or schedule).
- Clinical academics will retain an honorary NHS contract and a separate substantive University contract of employment unless they were/are to be contracted under the “A+B” arrangements (which consist of two distinct part time contracts with separate employers.
- These arrangements will apply to both full-time and part- time clinical academic appointments.
- A shorter model honorary NHS contract will be produced for individuals who are not at consultant level or who have limited access to patients.
Detailed principles (the location of the wording of the principles is indicated in the final column)
| Appointment | Criteria for setting starting salary should take account of relevant experience that is equivalent to consultant level (normally but not exclusively Senior Lecturer, Reader or Professorial level experience) and relevant academic qualifications. In the case of a University appointment where an honorary NHS contract is required, the NHS should have input into the recruitment process. | A,B,C |
| Duties and Responsibilities | Duties and responsibilities should be jointly agreed between the substantive employer and the honorary employer and take account of all aspects of the clinical academic’s contracted work and the Working Time Regulations. | A,B,C |
| Job Planning | There should be a single integrated job plan and a joint process for reviewing the job plan. Work for both employers will be expressed in terms of Programmed Activities. The job plan will set out a work schedule for all NHS work and the duties and responsibilities on behalf of the academic employer will be included in the job plan. Clinical academics will not be expected to carry out work that has not been agreed in the job plan except where dealing with unexpected emergency work when on call. NHS organisations and Higher Education Institutions may enter into a service level agreement for the provision of services on a Departmental basis. |
A,B,C |
| Mediation and Appeals | Mediation and appeals relating to disputes arising from job planning or decisions about pay progression should be jointly handled. To ensure balance, an appeals panel should include representation from both the substantive employer and the honorary employer and equivalent representation acting on behalf of the appellant. |
A,B,C |
| On-call | In scheduling on call rotas, NHS employers should take account of the full workload of the clinical academic. Where clinical academics undertake the same level of on-call duties as substantive NHS consultants they should receive the same level of recognition/remuneration. University duties may comprise an on call commitment, for example as part of a patient-based research project. This may also be recognised as a commitment in the job plan. |
A,B,C |
| Extra Programmed Activities and Spare Professional Capacity | The job plan may, by prospective agreement, include additional work expressed as Programmed Activities (PAs) undertaken on behalf of either employer (at the rate applicable to the time of day). The clinical academic would be under no obligation to undertake additional PAs above the standard ten (or fewer for part-timers) agreed in the job plan. Extra PAs may not exceed two in total for full time staff. The requirement for the individual to undertake one extra PA (if offered by either employer) before undertaking private practice should apply to clinical academics where they personally profit from undertaking privately remunerated clinical work. Where the proceeds are retained by, or used to the benefit of, the University (or charity) there should be no expectation that he or she should undertake an additional PA in order to qualify for pay progression. Further discussion needs to take place on the situation where the individual undertakes private practice but shares the proceeds with the academic department. |
A,B,C |
| Fee Paying Services (Formerly Category 2 Work) and Receipt of Additional Fees | Any separate fee paying services undertaken explicitly on behalf of the academic employer will be exempt from NHS rules. For all other fee paying work the rules for NHS consultants will apply. Schedule 10 of NHS Terms and Conditions explains the detail. | NHS Ts and Cs |
| Intellectual Property | It is recognised that both employers will have rules about intellectual property. The rules that will apply in any given situation, will be a matter for local agreement, between the University and the Trust. Whatever rules apply in a particular case must be made explicit to the clinical academic. | A & University Contract |
| Basic Salary | Salary will take account of all work for both the substantive employer(s) and the honorary employer(s) and will be paid according to the number of Programmed Activities undertaken or on call availability. | B |
| Pay Progression | Representatives of both employers will jointly agree a recommendation to the substantive employer about decisions on pay progression. The final decision will rest with the substantive employer. A single set of criteria for pay progression for NHS consultants and clinical academics is contained in the NHS terms and | B, C, NHS TCS |
| Pay Supplements | Premium Time rules will apply as normal, including for emergency work undertaken in Premium Time. On call availability supplements to be payable (see on call above). |
B |
| Clinical Excellence Awards | Clinical academics will be eligible to be considered for the new Clinical Excellence Awards (CEA) scheme. Research and teaching will continue to be recognised under the CEA scheme. | CEA guidance |
| Pension | Clinical academics to retain option of NHS pension scheme or substantive employer’s scheme. | University Contract |
| Leave | Leave entitlement for clinical academics will be determined by the university employer but should be no less favourable than that available in the NHS. The timing of leave will need to be agreed in advance with both employers. | University Contract |
| Discipline | Either the substantive employer’s disciplinary procedures or the honorary employer’s disciplinary procedures may be used, depending on which are appropriate to the circumstances, or as agreed on a case by case basis. In any event, the employer taking disciplinary action will inform the other, normally before procedures are initiated, and keep them informed at all stages. | A, University Contract |
| Termination of Employment | Termination of one contract will result in a review of the other contract. | A, University Contract |
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